Guwahati Court June 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Archcon and ors. Vs. Sewda Const. Co. and ors.
Court: Guwahati
Decided on: Jun-29-2004
A.H. Saikia, J.1. Heard Mr. P.K. Goswami, learned senior counsel assisted by Mr. P. Khataniar, learned counsel for the petitioner. Also heard Mr. P.K. Roy Choudhury, learned counsel for the respondents.2. Considering the urgency and nature of controversy involved in this case and also on consent of the learned counsel for the parties, this court purposes to dispose of this writ application at the stage of motion hearing itself.3. The correctness and legality of the order dated 8.6.2004 passed by the learned District Judge, Kamrup, Guwahati, in Misc. Case No. 313/ 04 arising out of Misc. (Arb) Case no. 288/04 has been assailed in this writ application preferred under Articles 226 and 227 of the Constitution of India.4. At the very outset, a question has been raised as regards the maintainability of this writ petition on the ground that against the order impugned appeal lies before this court under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') and the sa...
North Eastern Coal Fields Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-25-2004
Ranjan Gogoi, J.1. The writ petitioner is a Unit of Coal India Limited, which is a Govt. Company incorporated under the provisions of the Companies Act, 1956. Though the petitioner has described itself as the owner of the several Coal Fields as mentioned in the writ application, such description in the context of the provisions of the Mines and Minerals (Development and Regulation), 1987 (hereinafter referred to as the Act) must be understood to be in respect of a mining lease held by the petitioner for the coal Fields/Collieries in question. The petitioner is engaged in the business of mining, production and sale of coal and in the normal course thereof, the petitioner sells the coal produced to different buyers of coal.2. Under the provisions of Section 9(a) of the Act, the holder of a mining lease is required to pay royalty at the rate specified. Such royalty is required to be paid on removal and consumption of the mineral. Under Rule 64A of the Mineral Concession Rules framed und...
Harendra Ch. Roy Vs. Assam State Electricity Board and anr.
Court: Guwahati
Decided on: Jun-24-2004
B.K. Sharma, J.1. Strange are the ways by which at times employer denies due service benefit/prospect to the employee. The instant case is an example of adoring and adopting such a strange course of action towards deprivation of the benefit of promotion to the petitioner.2. The petitioner who is presently serving as LDA under the respondents was so appointed way back in 1987. Prior to that he was appointed as Typist in 1979. By an Office order dated 28.2.1995 the petitioner along with others was temporarily promoted as UDA. Such promotion was subject to recommendation of the DPC-III. The promotees were directed to report to their new place of posting within 30 days from the date of issue of the order. It is the cage of the petitioner that he was not released from the place of posting by the controlling officer and accordingly could not join the promotional post. In the meantime the prescribed period of 30 days as stipulated in the order of promotion got expired. It will be pertinent t...
Prasanna Dutta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-22-2004
P.P. Naolekar, C.J.1. Heard Mr. B.K. Goswami, learned counsel for the appellant, Mr. A.C. Buragohain, learned Addl. Advocate General, Assam and Mr. N. Dutta, learned counsel for the respondents. These appeals arise out of the common judgment and order passed by the learned Single Judge arising from common question of law based on similar facts and circumstances involved in batch of writ petitions. The learned Single Judge has allowed those writ petitions filed by the petitioners as respondents.2. Facts necessary for deciding the question involved in these appeals in brief are - that the tender for the whole sale supply of Potable Alcohol/ Rectified Spirit (hereinafter for the sake of brevity referred to as 'Rectified Spirit') to the Tinsukia Excise Ware House in the district of Tinsukia, for a period of three years from the date of settlement, was invited vide tender notice dated 25.6.2001. The annual consumption of country spirit in the area covered by the warehouse was estimated as...
Dipti Kumar Gogoi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-22-2004
B.K. Sharma, J.1. This writ application is directed against the order of removal passed against the petitioner. The petitioner while was serving as Constable under the respondents was placed under suspension by an order dated 23.11.1999 in contemplation of a disciplinary action. By Memorandum dated 20.12.1999, the following articles of charges were communicated to the petitioner along with the statement of the charges and the lists of documents and witnesses.'That the said No. 922299052 Const. D.K. Gogoi (U/S) of CISF Unit ONGC Jorhat (HQ Sector), assaulted No. 922299405 Cont. S.K. Das of JRT Sector with an iron piece on 23.11.1999 at about 0520 hrs in the barrack No. 8 of CISF lines, Cinnamara. Due to this Const. S.K. Das sustained injury on his head. The above act on the part of Const. D.K. Gogoi amounts to gross misconduct, indiscipline, aggression and an act unbecoming of a member of Armed Force i.e., CISF. Hence the charge.'ARTICLE-II'That the said NO. 922299052 Const. D.K. Gogoi...
Rina T. Sangma Vs. State of Meghalya and anr.
Court: Guwahati
Decided on: Jun-22-2004
P.P. Naolekar, C.J.1. Heard Mr. S. Siddique, learned counsel for the petitioner and Mrs. B. Dutta, learned Govt. Advocate, Meghalaya for the respondents.2. The son of the petitioner Shri Rina T. Sangma was detained on 05.09.2003 by detention order dated 05.09.2003 in exercise of powers detention; he has made representation to the State Government, which was rejected by order dated 13.10.2003. Aggrieved by the said order, the present habeas corpus petition is filed.3. The only submission made by the learned counsel for the petitioner before us is that the Additional District Magistrate of South Garo Hills District, who has been holding the charge of District Magistrate, does not have the authority under the law to pass an order of detention under the Act of 1995, he not being the District Magistrate.4. On the other hand, the submission of the learned State Counsel is that by virtue of the notification issued on 23.04.1974 read with explanation dated 02.02.1983, there is delegation of p...
Debashis Kr. Dutta Vs. United Bank of India and ors.
Court: Guwahati
Decided on: Jun-22-2004
B.K. Sharma, J.1. The petitioner who is a Bank employee has invoked the writ jurisdiction of this Court by filing the instant writ petition being apprehensive of placing him under suspension by the respondent Bank. Certain allegations were made against the petitioner by letter dated 9.10.2003 asking him to explain the circumstances leading to the same. The contents of the said letter are reproduced below :you were attached to bank's Dibrugarh Branch as Clerk during the period from 29.10.85 to 28.9.2002. During is tenure, you were allotted to work in Term Deposit Section as dealing Clerk since 7.9.1999 to 20.8.2001 by two Office Order No. 80/99 dated 7.9.1999 and office order No. 51/ 2000 dated 29.4.2000. Taking advantage of your working in the department, you had committed the following irregularities in manipulation of Bank's record, leading to financial loss cause to the Bank.1. You were maintaining 14 Nos. of Fixed Deposit A/Cs having an aggregate face value of Rs. 4,60,000 under m...
Tarani Talukdar and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-22-2004
B.K. Sharma, J.1. Apathy on the part of the respondents in the matter of appointment even after selection and offering of appointment and reporting for duty, what has been alleged in this writ petition seeking a direction to the respondents to allow the petitioners to join their duty.2. The facts as narrated in the writ petition are in a narrow conspectus. Pursuant to a recruitment rally conducted by the respondents which included physical and medical check up, written and viva-voce test, the petitioners were selected for appointment as constable. The selection tests were conducted on 6th, 7th and 8th of February, 2002 and the team which conducted the test included the Commandant and Chief Medical Officers along with others.3. The petitioners were offered appointment by letter of appointment dated 9.9.2002 and they were appointed as Constable (GD) in the establishment of 17th Bn. Kohima in the scale of pay of Rs. 3050 -4590/-. As per direction contained in the letters of appointment t...
Indian Oil Corporation Ltd. Vs. Presiding Officer, Central Government ...
Court: Guwahati
Decided on: Jun-22-2004
B.K. Sharma, J.1. The basic issue raised in this writ proceeding is as to whether on permanent closing down of a place of employment or part thereof as defined under Section 2(cc) of Industrial Disputes Act, 1947, leading to termination of services of contract labourers can be said to be an industrial dispute as defined in Section 2(k) of the Act, so as to refer the same for adjudication as a 'Reference' as contemplated under Section 10 of the Act.2. The facts leading to the initiation of the present writ proceeding are not in dispute. The petitioner is a Government Company under the Companies Act, 1956 and carries on business inter alia of refining and distributing petroleum products including the Liquefied Petroleum Gas (LPG). It has refineries in various parts of India including one in Guwahati which produces LPG wherein it had an LPG bottling Plant up to October 30, 19993. A decision was taken to close the said LPG bottling plant with effect from October 1, 1999 and to construct ...
Upen Chandra Sharmah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-22-2004
B.K. Sharma, J.1. The petitioner who joined the Government service way back in 1970 declaring his date of birth as 1.3.1945 has filed this writ petition for a declaration that his actual date of birth is 1.1.1951 and for a direction to the respondents to correct the date of birth as such recorded in the service book.2. The petitioner joined his service in the Hindi Teacher's Training College, North Guwahati on 21.2.1970 and his services was regularised on 1.1.1981. According to the petitioner he had submitted a school certificate which recorded his age as 14 years 2 months on 1st March, 1965. As per the age recorded in the said certificate, the petitioner allegedly claimed before the respondents for clarification of his date of birth recorded in the service book from 1.3.1945 to 1.1.1951.3. The petitioner was promoted to the post of book binder in 1986 from his initial appointment as a Grade-IV employee. He made representations on 24.1.1996 and 12.4.1996 for correction of his date of ...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »